Patna High Court
Raghubir MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to a bond of Rs.10,000 and two sureties, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioner, Raghubir Mandal, sought anticipatory bail in a case registered as C.A. No. 417 of 2022 alleging offences under Sections 376 and 506 of the IPC for rape and criminal intimidation. He contended that the complaint was false, arising from a long-standing land dispute and that he had a clean antecedent, having been acquitted in a prior case. The State opposed the bail, emphasizing the seriousness of the allegations. The court noted that the police had submitted a final report but the magistrate had taken cognizance of the offence, and considered the background of multiple litigations. Weighing the facts, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 B.N.S.S. in view of the allegations of rape and criminal intimidation
- Whether the allegations are false and stem from a land dispute, affecting the grant of bail
- Impact of the police final report and the magistrate's cognizance on the bail application
- Effect of the petitioner's prior acquittal and clean antecedent on the bail decision
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 376, 506
Subjects
- anticipatory bail
- rape
- criminal intimidation
- Section 376 IPC
- Section 506 IPC
- Section 438 CrPC
- Section 482 B.N.S.S.
- land dispute
- false complaint
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32735 of 2025
Arising Out of PS. Case No.-417 Year-2022 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Raghubir Mandal S/o Late Fulo Mandal Resident of Village- Harinkol, Post-
Bishanpur, Police Station- Barari(Semapur), District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Budhiya Devi W/o Arjun Mandal Resident of Village- Harinkol, Police
Station- Barari(Semapur), District- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 08-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with C.A. No. 417 of
2022 registered for the offences punishable under Sections
376 & 506 of the Indian Penal Code.
3. The allegation against the petitioner is to commit
rape upon the complainant/informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that a complaint petition was filed before
the learned C.J.M., Katihar bearing No. 620/2016 on
Patna High Court CR. MISC. No.32735 of 2025(6) dt.08-01-2026
2/4
28.03.2016 by this petitioner, where Dilip Mandal was one of
the accused. It is submitted that another criminal complaint
was already lodged in the year 2009 bearing No. 2338/2009,
where Shiv Pujan Mandal and Mahendra Mandal, who are the
inquiry witnesses of this case was made accused by this
petitioner.
5. In this context, it is further submitted that Arun
Kapri, who is another inquiry witness of the case, against
whom the petitioner already initiated money suit which is
pending before the court below as Money Suit No. 03/2021.
6. It is submitted that police, after investigation,
submitted final form against the petitioner and did not sent up
him for facing trial, but the learned jurisdictional Magistrate
differing with the police report took cognizance against the
petitioner for the offence under section 376 of the I.P.C.
7. Arguing further, it is submitted that in view of land
dispute and previous pending litigations, as discussed
aforesaid, apparently the present case, which, upon
investigation, found false, have no substance. Explaining
criminal antecedent of the petitioner, it is submitted that
Patna High Court CR. MISC. No.32735 of 2025(6) dt.08-01-2026
3/4
petitioner was accused in Barari P.S. Case No. 70/2005,
where after facing trial, he was acquitted and as such, he is a
man of clean antecedent.
8. It appears from the record that notice was validly
served upon opposite party no. 2 in terms of order dated
19.05.2025, but non-appeared on behalf of the
victim/opposite party no. 2.
9. Learned A.P.P. for the State, while opposing the
prayer of anticipatory bail of the petitioner, submitted that
allegation is specific against the petitioner, but he could not
disputed the aforesaid factual submission regarding previous
enmity in the background of land dispute.
10. In view of aforesaid factual submission and by
taking note of the fact as allegation raised in the background
of multiple land dispute for which different complaint cases as
well as money suit are pending between the parties, coupled
with the fact that police after investigation submitted final
form against the petitioner and did not sent up him for facing
trial, accordingly, above-named petitioner, in the event of his
arrest/surrender within a period of four weeks from this
Patna High Court CR. MISC. No.32735 of 2025(6) dt.08-01-2026
4/4
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate - 1st Class, Katihar/concerned court in connection
with C.A. No. 417 of 2022, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…